Product Liability

October 26, 2015

Avoidable Liabilities: A Rant

I just read an article that suggested tech companies like Google and Apple should rethink entering the automotive market because it is a “different animal” due to the cost associated with building auto plants, building sales and service networks and the “daunting liabilities involved when human lives are at stake.” Retired Vice Chairman of General Motors actually sneers at the notion that “Silicon Valley techies” could do it smarter or better. While admittedly, I do not have much information or expertise on the cost of plants or the network issues, let me rant for a moment, if you will, on the liabilities issue. Continue reading

October 6, 2015

Feel Free To Complain

by The Law Offices of John Day, P.C.

Some people are natural born complainers. Like this one from Middle Class Problems on Twitter: “A pecan from my maple and pecan slice has tragically fallen into my fresh coffee. Worst day ever.” (If you have never checked out Middle Class Problems, you should.) But some of us are loathe to complain. We do not want to be perceived as demanding, obnoxious, whiny, needy, etc. Or, we don’t complain because we think it will not do any good. But from my perspective as a personal injury lawyer, there are times when it is critical to complain. Below are 5 times you should complain freely and without hesitation. Continue reading

August 3, 2015

The Blood Test You Need If You Have A Suspected Brain Injury

by The Law Offices of John Day, P.C.

Each year, more than 1.4 million people will suffer a brain injury from a car accident, fall, assault or some other cause. The brain is incredibly complex and so is the treatment of brain injuries. Primarily, physicians have relied upon CAT scans and physical symptoms such as loss of consciousness, dizziness, nausea, slurred speech, confusion and the like to determine the severity of the brain injury.

But both of those methods have their limitations. For instance, CAT scans can only detect if there is cranial bleeding. They are unable to detect damaged brain cells that are not bleeding. As for the physical symptoms, they may not always be detected or reported. For instance, in a car accident, a person may lose consciousness for a short period of time and regain it before any emergency medical personnel reach the scene. Or with a young infant who has not yet learned to talk, it would be difficult to know if the child was slurring its speech or was dizzy, etc. Continue reading

July 24, 2015

10 Things You Should Know If You Have An IVC Filter

by The Law Offices of John Day, P.C.

Litigation is underway against the manufacturers of IVC filters. In particular, more than 100 cases have been filed against Cook Medical, and more than 400 cases have been filed against C.R. Bard, Inc. If you have an IVC filter, below are 10 things you should know. Continue reading

June 23, 2015

“No one intentionally sold a toxic toy to Mrs. Monje”

by The Law Offices of John Day, P.C.

Well, I would certainly hope not. But that really is not the point. The point is Spin Master manufactured a toy, Aqua Dots, which was tainted with the date rape drug. Children, who tend to put things in their mouth, ingested the drug and became ill. Spin Master failed to tell anyone about reports of children being hospitalized after ingesting the Aqua Dots. When this came to light, the company agreed to pay a $1.3 million dollar fine. And last week, a jury awarded a family $435,000 because their son fell into a coma and continues to have residual problems after ingesting the date rape drug from the Aqua Dot toy. So how does Spin Master defend all of this? Continue reading

February 19, 2015

New Recalls and Warnings for Those With Peanut Allergies

by The Law Offices of John Day, P.C.

Since the beginning of February, the FDA has been busy with recalls related to undeclared peanut allergens. A good number of the recalls are related to tainted cumin but not all. The foods involved are:

Pride of Szeged Sweet Hungarian Paprika (manufactured by Spiceco)
Goya and Kirby – Black Bean Soup and Black Beans with Creole Seasoning (manufactured by Goya)
Whole Foods Market Divine Treasures 100,000 Smooches candy (manufactured by Whole Foods Market)
Whole Foods Market – prepared salads, tacos and seasoned meat items (manufactured by Whole Foods Market)
Village Hearth, Lender’s, L’Oven Fresh and Kroger bagels (all produced by National Choice Bakery). This recall also involves tree nuts.
Pepperidge Farm bagels (manufactured by Pepperidge Farms). This recall also involves tree nuts.
Sara Lee, Thomas and Jewel bagels (all manufactured by Bimbo Bakeries) This recall also involves almonds.
See’s Candies Classic Red Hearts and assorted chocolates (manufactured by See’s Candies). This recall also involves undeclared tree nuts.
The Spice Mill Chef’s Choice Ground Cumin and Cajun Seasoning (manufactured by the Spice Mill)

Even more cumin-related recalls occurred in January. For more details on these and other food recalls, go to http://www.fda.gov/Safety/Recalls/

Food allergies can be life-threatening. In fact, approximately 1,500 Americans die each year because of allergic reactions to food. If you or a loved one has suffered a serious allergic reaction to an undeclared allergen or contaminated food, we can help. Contact one of our award-winning attorneys today for a free, no-obligation consulation. Call us anytime at 866-812-8787.

September 7, 2014

Peanut Plant Faked Lab Results? That’s Just Nuts – and Criminal (If True)

by The Law Offices of John Day, P.C.

The 2008-2009 salmonella outbreak prompted one of the biggest food recalls in this country’s history. 714 people were sickened and 9 people died as a result of tainted food. This month, federal prosecutors are seeking criminal penalties against the corporate management of a peanut company that faked lab results and failed to recall products they knew were contaminated with salmonella.

Peanut Corp. of America supplied peanut paste to companies like Kellogg’s to be used in peanut butter crackers etc., but often had trouble meeting demand. So rather than wait two days for salmonella and other contaminant testing, the company would ship the peanut paste on the same day it was made and use old lab results to attach to the product. Just as bad if not worse, the company failed to recall their product if testing revealed it was tainted.

As evidenced by this case, the effects of food poisoning can go way beyond diarrhea and general malaise. It can cause serious injuries and even death. Individuals and corporations who recklessly expose the consuming public to such injuries should be held accountable for compensatory damages and punitive damages. And, when appropriate, they should face criminal penalties.

July 3, 2014

Defective Air Bags Affect Millions of Vehicles

by The Law Offices of John Day, P.C.

If you have an airbag system in your vehicle, you likely take comfort in this additional piece of safety equipment. But because of a defect, your airbag may now present a serious risk of injury. Takata Corporation, a Japanese company, is the second largest manufacturer of vehicle safety equipment including airbags. But in the past several years, Takata has experienced problems with its airbags. The defective airbags can explode causing injury and even death. The explosions are different from an intended deployment in a crash. Instead, the defective airbags actually detonate and shoot shrapnel at drivers and passengers. In fact, in at least one incident, the metal ejected during the airbag explosion was so hot it set fire to the instrument panel and glove compartment of the vehicle.

As a result, in recent days, Nissan and Honda have recalled more than 3 million vehicles because of defective Takata airbags, and Mazda has recalled a smaller number of vehicles. More recalls may be looming as Chrysler, Ford and BMW are investigating the issue in their vehicles. And, it is important to note that these recent recalls are in addition to earlier recalls involving millions of vehicles affected with the same airbag problem.

The cause of the explosions appears to be related to inadequate pressure and excess moisture during production of the airbags. The National Highway Safety Administration (NHTSA) is, of course, investigating the problem and is also studying whether driving in high humidity presents an increased risk factor for the explosions, which is troubling news for Tennessee drivers as we enter the hot and humid summer months. You can visit the NTHSA’s website to determine if you vehicle is affected by the recall and the steps to take to address the problem.

April 9, 2014

Auto Recalls and Cover-Ups

by The Law Offices of John Day, P.C.

Last month, Toyota reached a $1.2 billion settlement with the United States Justice Department to resolve allegations that the automaker had covered up defects in its cars. Of course, this was after earlier paying $66 million for failing to timely report problems with unintended acceleration in its vehicles.

This month, General Motors is under fire for concealing defects in the ignition switches of more than 1.37 million vehicles which has been linked to 13 deaths. And, the U.S. Department has also filed a criminal action again G.M. alleging it concealed brake problems in its vehicles. Last year, Ford was fined $17.4 million dollars (the maximum fine at the time) for delaying a recall of the Ford Escape when the automaker knew the gas pedals could become stuck.

There appears to be an alarming trend of automakers covering up defects and delaying recalls. By law, automakers must report safety defects to the National Highway Traffic Safety Administration (NHTSA) within 5 days of becoming aware of an issue. In addition, the National Highway Traffic Safety Administration can open its own investigation if it notices a trend in consumer complaints or accident information.

April 7, 2014

Another Child Safety Seat Recall – Evenflo

by The Law Offices of John Day, P.C.

Not too long ago, we told you about a recall involving Graco child safety seats, and we told you that recall would likely be expanded to Evenflo child safety seats because the two manufacturers used the same component supplier. It seems we were right. The National Highway Traffic Safety Administration has announced a recall of more than 1.3 million Evenflo child safety seats. The buckle on the seat can become stuck in the latched position. Of course, this presents a risk of injury in the event of a crash or other emergency event. The recall involves a number of different models and you can check to see if you own one of the affected seats by clicking here. If you own one of the affected seats, Evenflo will provide a replacement buckle with installation instructions.

This recall serves as an important reminder about two things. First, the importance of registering your products (whether your purchase them new or used) with the manufacturer so that you are automatically provided important information about recalls and other safety issues. Second, every child should be placed in a proper safety seat. A child safety seat can reduce the risk of a death to an infant by 71% and the risk of death to a toddler by 54% in passenger cars. For trucks, the reduction is 58% for infants and 58 % for toddlers. So be sure to buckle up!

If you or a loved one has been injured due to a defective product such as a child safety seat or has been involved in a car accident, you only have a limited time to pursue your rights. To discuss your case for free, contact one of our award-winning lawyers today at 615-742-4880 or toll-free at 866-812-8787 or by filling out this form. For additional information on our fees and costs, click here.